Statement on the current conflict between judicial authorities
On the 25th of January 2023, the Public Prosecutor at the Court of Cassation, Judge Ghassan Oueidat, issued a decision to release all detainees in the Beirut Blast case by referring to paragraphs 1 and 3 of article 9 of the International Covenant on Civil and Political Rights. This decision constitutes a very important legal precedent in regards to the detainees' right to preserve their liberty and not bear the burden of the judiciary and political parties’ obstruction of justice. This decision came as a reaction to the judicial investigator resuming his duties.
Despite our reservation on the legality of the release, this sets a positive precedent for the compliance with international human rights standards. However, this decision also raises several questions about the circumstances and reasons behind it, as its issuer has not complied with international standards in many of its previous decisions and positions.
This is not the first instance of political interference in the investigation. The political authorities’ will to disrupt the case has been evident since the explosion took place and with its referral to the non-competent special tribunals instead of the judicial tribunals.
Based on the aforementioned, the Lebanese Center for Human Rights (CLDH) denounces and condemns any political interference in the judiciary and any infringement of judges' powers that aim to achieve personal benefits at the expense of the victims. CLDH emphasizes the importance of not reinforcing the principle of detention for the complete duration of the trial, which constitutes an exception. It is essential to put the judicial independence law into effect, respect international conventions without any discrimination, abolish special tribunals, particularly the military courts and judicial council, as well as restricting the discriminatory powers of the Public Prosecutor by referring to the amended criminal procedure law which was repealed by the parliament in August 2001.
The Lebanese Center for Human Rights also calls on the judicial authorities to immediately implement the provisions of the International Covenant in the jurisprudence in order to include all those who are arbitrarily detained.
